Megowan v. Way
Court of Appeals of Kentucky
CASE 11 — PETITION EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. The facts appear in the opinion of the court. 1. As to Mrs. Way and her interest, the decree and sale are void. (Rev. Stat.,pp. 593-4, art. 5; Ib.,p. 592, sec. 2, art. 3.) 2. The interest of the infant is a contingent remainder, and the court had no jurisdiction to order its sale. (Rev. Stat., art. 3,p. 592; 1 Blk.
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CASE 11 — PETITION EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. The facts appear in the opinion of the court. 1. As to Mrs. Way and her interest, the decree and sale are void. (Rev. Stat.,pp. 593-4, art. 5; Ib.,p. 592, sec. 2, art. 3.) 2. The interest of the infant is a contingent remainder, and the court had no jurisdiction to order its sale. (Rev. Stat., art. 3,p. 592; 1 Blk. Com.,pp. 164, 165, 166,167, 168; 2 lb., 175. 3. Revised Statutes (chapter 86) regulate the proceedings for the sale of real estate and slaves of infants, married women, &c. (Civil Code, secs. 539, 545, 875.) 4. As…
1Opinion of the Court
JUDGE DUVALL
delivered the opinion of tiie coort:
On the first day of June, 1836, Mrs. Mary J. Churchill, who was then a widow, executed to William Prather a deed of that date, for certain real estate of - which she was the owner, situated in the city of Louisville, to be held by the grantee “ upon the following trust: first, to permit.the said Mary Jane to enjoy the rents, issues, and profits of said ground during her life, separate and apart, free from the control or interest therein by any husband she may hereafter have. Second, after her death, to be held for the use and benefit of her son,…
2Cited by1 opinion
- Johnston v. AllenSupreme Court of Florida · 1886